IRONSIDE RURAL ROAD DISTRICT MEETING
The Ironside Rural Road District #5 has regular monthly meetings the second Tuesday of every month at the road shop building starting at 5 p.m.
Publish date: December 1, 2021
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NOTICE IS HEREBY GIVEN
according to ORS 294.250(5), that the Malheur County Court Proceedings and the Schedule of Payments exceeding $500 will be posted and available for review at the Malheur County Courthouse (Clerk’s Office), the Ontario Community library, the Nyssa city public library, the Vale city public library, and the Jordan Valley U.S. Postal Service office. Copies of all or part of the posted information may be obtained upon request and upon payment of a fee not exceeding the actual cost incurred by the county in making copies of the posted information, from the Malheur County Clerk, 251 B Street West, Vale, OR 97918 or phone (541) 473-5151.
/s/Gayle V. Trotter
Malheur County Clerk
Publish date: December 1, 2021
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Christine D. Mosier-Crysler, OSBN 202437
280 A Street East, P.O. Box 220
Vale, Oregon 97918
(541) 473-3141 Business
(541) 473-2651 Facsimile
IN THE COUNTY COURT FOR THE STATE OF OREGON
FOR THE COUNTY OF MALHEUR
In the Matter of the Estate of MARIANNE KINGSTON, Deceased. CASE NO.: 6224
NOTICE TO INTERESTED PERSONS
NOTICE IS HEREBY GIVEN that Jocelyn Thompson has been appointed Personal Representative. All persons having claims against the estate are required to present them, with vouchers attached, to the Personal Representative at P.O. Box 220, Vale, Oregon 97918, within four months after the date of first publication of this Notice, or the claims may be barred.
All persons who rights may be affected by the proceedings may obtain additional information from the records of the Court, the Personal Representative, or the lawyer for the Personal Representative, Christine D. Mosier-Crysler, P.O. Box 220, Vale, Oregon 97918.
DATED and first published on November 17, 2021.
Respectfully,
Christine D. Mosier-Crysler, OSBN 202437
Attorney for Personal Representative
Publish Dates: November 17 & 24, 2021 and December 1, 2021
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TRUSTEE’S NOTICE OF SALE
Reference is made to that certain Line of Credit Instrument (“Trust Deed”) made by Mark E. Delong, as grantor, to Malheur County Title Company, Inc., as trustee, in favor of Bank of Eastern Oregon, as beneficiary, dated December 30, 2013, and recorded on December 31, 2013, as Instrument No. 2013-5385 of the Official Records of Malheur County, Oregon, which was modified by that certain Modification of Deed of Trust dated August 6, 2014, and recorded on August 7, 2014, as Instrument No. 2014-2559 of the Official Records of Malheur County, Oregon, wherein the maturity date of the debt instrument specifically identified in the Trust Deed was extended to December 10, 2014, which was further modified by that certain Assignment of Trust Deed dated December 19, 2018, and recorded on January 8, 2019, as Instrument No. 2019-0068 of the Official Records of Malheur County, Oregon wherein PSB Credit Services, Inc. is named as successor beneficiary under said trust deed, which was further modified by that certain Appointment of Successor Trustee recorded on July 13, 2021 as Instrument No. 2021-3452 in the Official Records of Malheur County, Oregon wherein Bradley S. Copeland is named as the Successor Trustee, covering the following described real property situated in said county and state, to-wit:
See Exhibit A attached hereto
Pursuant to the terms of the Trust Deed, the real property and improvements described therein secure the original principal amount of a line of credit instrument in the amount of $3,812,000.00, together with all other obligations, debts, and liabilities, plus interest thereon, of Grantor to Bank of Eastern Oregon, which effectively included three separate promissory notes executed by Grantor and payable to Bank of Eastern Oregon with loan numbers ending in 8512, 8579, and 8546. Grantor filed a Petition for Relief under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the District of Oregon on November 28, 2017, Case No. 17-34395 (“Bankruptcy Case”). Pursuant to the terms of Debtor’s First Amended Plan of Reorganization Dated August 24, 2018, which was confirmed pursuant to an Order Approving Disclosure Statement and Confirming Debtor’s First Amended Plan of Reorganization Dated August 24, 2018, entered by the Bankruptcy Court on October 19, 2018, (Docket No. 177) (“Confirmed Plan”). Pursuant to the terms of the Confirmed Plan, the unpaid consolidated balance due under the three promissory notes referenced above was $4,662,920.50, with fixed interest accruing thereon at prime rate as of November 5, 2018, which said rate was 5.25%, computed on a 365/365 simple interest basis. Both the Beneficiary and the Successor Trustee have elected to sell the said real property to satisfy the obligations secured by said Trust Deed and a Notice of Default has been recorded pursuant to Oregon Revised Statutes 86.752(3); the default for which the foreclosure is made is Grantors’ failure to pay when due the following sums: Bi-annual payments in accordance with the terms of the Confirmed Plan in the amounts of $200,000 on or before May 17, 2019, $200,000 on or before November 17, 2019, $250,000 on or before May 17, 2020, $250,000 on or before November 17, 2020, and $300,000 on or before May 17, 2021.
By reason of said default, the Beneficiary has declared all sums owing on the obligation secured by said Trust Deed immediately due and payable, said sums being the following, to-wit: the principal balance of $4,662,920.50, together with accrued interest through July 31 2021 in the amount of $610,690.00, with interest continuing to accrue thereafter at the rate of 5.25%, which is $670.69 per diem, until paid, and such other costs, charges and fees as are due under the debt instruments secured by the Trust Deed, and as are provided by statute.
WHEREFORE, notice is hereby given that the undersigned successor Trustee will, on January 5, 2022, at the hour of 10:00 a.m. MST in accord with the standard of time established by ORS 187.110, Malheur County Courthouse front entrance, 251 “B” Street West, Vale, Oregon, sell at public auction to the highest bidder for cash the interest in said described real property which the Grantor had or had power to convey at the time of the execution by them of the said Trust Deed, together with any interest which the Grantors or their successors in interest acquired after the execution of said Trust Deed, to satisfy the foregoing obligations thereby secured and the costs and expenses of sale, including a reasonable charge by the Trustee. Notice is further given that any person named in ORS 86.778 has the right, at any time prior to five days before the date last set for the sale, to have this foreclosure proceeding dismissed and the Trust Deed reinstated by payment to the Beneficiary of the entire amount then due (other than such portion of the principal as would not then be due had no default occurred) and by curing any other default complained of herein that is capable of being cured by rendering the performance required under the obligation or Trust Deed, and in addition to paying said sums or tendering the performance necessary to cure the default by paying all costs and expenses actually incurred in enforcing the obligation and trust deed, together with Trustee’s and attorney’s fees not exceeding the amounts provided by ORS 86.778.
Without limiting the trustee’s disclaimer of representations or warranties, Oregon law requires the trustee to state in this notice that some residential property sold at a trustee’s sale may have been used in manufacturing methamphetamines, the chemical components of which are known to be toxic. Prospective purchasers of residential property should be aware of this potential danger before deciding to place a bid for this property at the trustee’s sale.
In construing this notice, the masculine gender includes the feminine and the neuter, the singular includes the plural, the word “Grantor” includes any successor in interest to the Grantor as well as any other person owing an obligation, the performance of which is secured by said Trust Deed, and the words “Trustee” and “Beneficiary” include their respective successors in interest, if any.
THE DEBT DESCRIBED IN THIS TRUSTEE’S NOTICE OF SALE WILL BE ASSUMED TO BE VALID UNLESS WITHIN 30 DAYS AFTER THE RECEIPT OF THIS
NOTICE THE PERSON(S) OBLIGATED OR ALLEGEDLY OBLIGATED TO PAY THE DEBT DISPUTES IN WRITING THE VALIDITY OF THE DEBT OR SOME PORTION OF IT.
If the Successor Trustee is notified in writing within the 30 day period that the debt or some portion of it is disputed, the Successor Trustee will obtain verification of the debt. Then, a copy of the verification will be mailed by the Successor Trustee to the person(s) notifying him of the dispute.
Upon written request within the 30 day period, the Successor Trustee will provide the name and address of the original creditor if different than the current creditor named above.
Written requests to the Successor Trustee should be delivered to: Bradley S. Copeland, Arnold Gallagher PC,
PO Box 1758, Eugene, OR 97440-1758.
THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
DATED: August 6, 2021
Bradley S. Copeland, Successor Trustee
541-484-0188
EXHIBIT A
Parcel 2A
Land in Malheur County, Oregon, as follows: Tax Lots 1400,1500 (fmly Tax Lot 3800, 3900) In Township 17 South, Range 44 East of the Willamette Meridian: Section 8: S1/2 NE1/4 lying North and East of the John Day Highway No. 26 right of way,
EXCEPTING THEREFROM a parcel more particularly described as follows:
Commencing at a point on the South line of the SE1/4 NE1/4 of said Section 8, 25 feet West of the East quarter corner of said Section 8; thence North 0° 21’ East, 374 feet; thence South 51° 10’ West, 159 feet; thence South 78° 50’ West, 67 feet; thence South 50° 35’ West, 200 feet; thence South 33° 36’ West, 131 feet; thence North 88° 10’ West, 177 feet; thence North 14° 40’ West, 110 feet; thence North 77° 20’ West, 54 feet; thence South 62° 13’ West, 188 feet; thence North 65° 55’ West, 191 feet; thence South 70° 09’ West, 30 feet; thence South 35° 46’ West, 114 feet; thence South 51° 25’ East, 34.2 feet to the South line of said SE1/4 NE1/4; thence East, along said South line, 1088.3 feet to the Point of Beginning.
Parcel B
Land in Malheur County, Oregon, as follows:
In Twp. 17 S., R. 44 E., W. M.: Tax Lot 4000 (fmly Tax Lot 2700)
Sec. 15: a parcel of land described as follows, to-wit:
Commencing at the Southwest comer of said Sec. 15; thence East, along the South line of said Section, 2118 feet to the Point of Beginning; thence East, along the South line of said Section, 208.5 feet; thence North 208.5 feet; thence West 208.5 feet; thence South 208.5 feet to the Point of Beginning.
Parcel C
Land in Malheur County, Oregon, as follows:
In Twp. 17 S., R. 44 E., W.M.: Tax Lots 4400, 4500 and 4900 (fmrly 5001, 5090 and 5300) Sec. 16: That portion of the West 1/2, W1/2E1/2 and SE1/4 NE1/4 lying South and West of the State of Oregon
Highway No. 26 right of way.
EXCEPTING THEREFROM a parcel of land in the W1/2 SE1/4 of Sec. 16, Twp. 17 S., R. 44 E., W.M.,
described as follows:
Beginning at the Southeast corner of the SW1/4 SE1/4 of said Sec. 16; thence West, coincident with the South boundary of Sec. 16, 1314.46 feet; thence N. 29° 41’ 30” E., 394.64 feet; thence N. 41° 47’ 30” E., 611.01 feet; thence N. 14° 31’ 59” W., 249.51 feet; thence N. 37° 16’ 40” E., 50.20 feet; thence N. 28° 34’ 39” W., 184.50 feet; thence N. 55° 41’ 06” E., 325.10 feet; thence N. 40° 06’ 29” E., 327.36 feet; thence N. 49° 24’ 01” E., 159.99 feet; thence N. 57° 22’ 17” E., 80.59 feet; thence N. 66° 24’ 04” E., 155.75 feet;
thence N. 50° 58’ 45” E., 110.36 feet to a point on the East boundary of said SW1/4 SE1/4; thence S. 01° 04’ W., coincident with the East boundary of the SW1/4 SE1/4, 1960.84 feet to the Point of Beginning.
Parcel D
Land in Malheur County, Oregon, as follows:
In Twp. 17 S., R. 44 E., W.M.: Tax Lots 8000 and 8100 (fmrly 800 and 900)
Sec. 21: The NE1/4 NW1/4,
EXCEPTING THEREFROM that portion as conveyed to USA by Deed recorded in Book 31, Page 257 for Lateral. AND the N1/2 NE1/4,
EXCEPTING THEREFROM that portion as conveyed to USA by Deed recorded in Book 31, Page 224 for Lateral.
Parcel E
Land in Malheur County, Oregon, as follows:
In Twp. 17 S., R. 44 E., W.M.: Tax Lots 10100 & 10400
Sec. 23: All lands lying East of the John Day Highway right of way in the SW1/4, W1/2 SE1/4 and S1/2 NW1/4,
EXCEPTING THEREFROM that portion of land lying South of the Vale-Oregon Irrigation Drain in the SW1/4 SE1/4. AND all that portion of the NE1/4 in said Sec. 23 lying South and West of Willow Creek.
END OF PROPERTY DESCRIPTION
Publish Date: November 24, 2021 and December 1, 8, and 15, 2021